Can the court order drug/alcohol testing of the other parent?

By
Paul A. Eads
|October 26, 2017

Yes, if competent evidence that either the parent has a substance abuse
issue, the court can order the drug or alcohol testing of the parent.
Competent evidence could include a criminal record(DUI) involving substance
abuse, witnesses to the substance abuse or other social media depicting
the substance abuse. The Court must make a finding that based on a preponderance
of the evidence that the parent engages in habitual, frequent or continual
use of such substances. The mere partaking in social drinking is insufficient.
In addition, Ca has had a medical use of marijuana provision for quite
sometime. Obviously the parent with such a medical marijuana card does
not deny the use of marijuana and feels justified in partaking in marijuana
smoking anytime anywhere. Although the court will not restrict the actual
use of marijuana provided the parent has he requisite medical card, however,
the court can both limit the time and place that the parent partake in
their marijuana to the extent it compromises that parent's ability
to provide adequate care for the child.

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